Chapter 11

Question 1

rule of law

Answer 1

means that we are governed by a fixed set of laws that apply to all people in scoiety

Question 2

magna carta

Answer 2

• signed in1215
• symbol of the rule of law
• guarntees many rights for British citizens (ex trial by jury, habeus corpus)

Question 3

habeus corpus

Answer 3

the right to be brought before a court soon after arrest and released if the judge finds there is no legal charge

Question 4

what is the supreme law of Canada

Answer 4

the constitution of Canada

Question 5

constitution of Canada

Answer 5

• has charter of rights and freedoms
  (this takes precedence over any government passed laws, protects fundemntal freedoms, gaurntees democracy, also includes the limit of all these rights)

Question 6

civil law

Answer 6

Deals with relationships between individuals or groups

Question 7

criminal law

Answer 7

deals with matters that affect society as a whole

- considered to be comitted against the state

Question 8

plaintiff

Answer 8

person who claims to have suffered harm, loss or injury to self or property
(civil law)

Question 9

defendant

Answer 9

person being sued (civil law)

Question 10

what criminal cases carried out in the name of of?

Answer 10

The Crown (identified as R or Regina ( the latin word for queen))

Question 11

why are criminal cases carried out in the name of the Crown

Answer 11

because breaking a criminal law is considered to be a wrong against Canadian society

Question 12

common law

Answer 12

based on the decisions of judges in the British royal courts

system of rules based on past decisions made

Question 13

statuary law

Answer 13

• set out in acts of Parliment

Question 14

what is quebec’s law based on

Answer 14

Roman law (has all laws in a book)

Question 15

what has been reduced since the intrdocuction of the Charter

Answer 15

powers of police to arrest and question suspects, sieze evidence, conduct searches

Question 16

who is responsible for the administration of justice in Canada

Answer 16

the provinces

Question 17

more serious cases

Answer 17

indictable offences

- handled by the Provinical supreme court

Question 18

less serious cases

Answer 18

summary offences

-handled by lower courts

Question 19

In the lower courts are generally heard by who

Answer 19

judge or justice of the peace

Question 20

In the Supreme court are generally heard by who

Answer 20

judge or judge and jury

Question 21

jury

Answer 21

a group of adult citizens called at random from the community
- moral and legal duty to serve on a jury

Question 22

probation

Answer 22

• set period of time offender must follow conditons determined by court and report to a probation officer

Question 23

rehabiliation

Answer 23

the belief that inmates can be brought back into society as useful citizens

Question 24

incarceration

Answer 24

imprisonment

canada has a high rate compared to Western World

Question 25

restorative justice

Answer 25

- alternative to incareration - for first time offenders/ less serious crimes - tries to repair damage done

Question 26

disposition

Answer 26

- a sentence in youth court | - varys from jail term to fine to community service

Question 27

Youth Court Dispositions

Answer 27

- Absolute discharge Conditional discharge Fine of up to $1000 Payment costs of the crime of up to 240 hrs of community service Open or secure custody for up to 5 yrs Report to a probation officer regulary (up to 2 yrs)

Question 28

Who appoints judges of the Provincial court

Answer 28

The provincial cabinet on recommendation of the attorney general

Question 29

Who appoints judges of the Supreme court of BC/court of appeal

Answer 29

Federal cabinet recommendation of the monster of justice

Question 30

Who appoints judges of the Supreme court of Canada

Answer 30

GG on recomendation of the PM